Cavan Observer
Published in Cavan, county Cavan

November 6, 1858

RIPE STRAWBERRIES IN NOVEMBER--We have on our table a cluster of strawberries grown in a garden, just outside Armagh, in the occupation of Mr. S. GARDNER, which at this season of the year, is certainly a curiosity. They were perfectly ripe, and in condition to use for preserving or other purposes.--"Ulster Gazette."


Before T. THOMPSON, Esq., J.P., William BABINGTON, Esq., J.P., ______ VERNON, Esq., J.P., and Captain CARDEN, J.P.

Two men were fined in the sum of 2s. 6d. each and costs, and a third in costs of court only, for being of a party of disorderly persons, who created some disturbance in the streets of this town on the night of last Sunday week, by shouting, swearing, &c., and bidding defiance to the police.

John MOORE, of Lisderan, complained of Martin PATTERSON for trespassing on the his land in pursuit of game, on Saturday last, after having been cautioned on a former occasions against doing so.

Mr. PATTERSON's defence was that he had never been cautioned, and that he was not in pursuit of game, but was only passing across complainant's property to an adjoining townland, on which he had leave (having a game license) to shoot. He begged of their worships to postpone the case until this day week, when he hoped to be able to produce evidence that he had not been cautioned with regard to the trespass, and that he had his dog at his foot which would not, of course, be the case, did he go there with the intention of raising game. In fact he was not prepared to go into the case at present as he had only received the summons this morning.

The case was accordingly postponed until Monday next.

Philip BRADY was fined 6d. each for two of his pigs which were found straying along the public highway by Sub-Constable DOHERTY.

Their worships the adjourned.


Specific Performance

Robert FLOOD v. Henry HIGGINBOTHAM, Esq.

This was a petition filed on the 23rd of January, 1858, by Mr. Robert FLOOD against his landlord, Henry HIGGINBOTHAM, Esq., praying that the respondent might be restrained from proceeding with an ejectment brought by him to obtain possession of certain lands called Nuttfield, in the county of Cavan, and that he might be declared bound to execute a lease of those lands to the petitioner, in pursuance of an agreement in writing entered into between them in the year 1854.

The petition stated that in the year 1848 the petitioner became tenant from year to year to the respondent of thirty-nine acres of land, situate near Cootehill, in the county of Cavan, at a rent of £1 4s. per annum, and that in the year 1854, the respondent (having evicted a tenant, named COFFEY, from eighteen acres of land adjoining the petitioner's holding) entered into an agreement with the petitioner to give him a lease of the entire--viz., the thirty-nine and eighteen acres for twenty-one years, at an annual rent of £1 10s. per acre, with a clause of surrender in favour of petitioner at the end of five years.

It appeared that no leases were, in fact, ever executed, and that the petitioner--whom his counsel designated as a "sturdy Presbyterian"--refused to sign certain engrossments which were tendered to him, inasmuch as they contained two acres more than he ought to be liable, under the agreement, to pay rent for, and which two acres were under water; while on the part of the respondent, the case relied on was that there was some inaccuracy in the original measurement of the land, which, by the Ordnance survey, was found to contain fifty-nine acres, and that, according to the letter and spirit of the agreement, the petitioner was not to sublet, which it appeared he had done.

The Lord Chancellor, after hearing the case, at once dismissed the petition with costs.

Messrs. HUGHES, Q.C., and CARLETON, with Mr. Alexander WELSH, solicitor, appeared for the petitioner; and Messrs. Francis FITZGERALD, Q.C., and T. K. LOWRY; with Messrs. James and John ARMSTRONG, solicitors, for the respondent.


October 30, at Platten Hall, county Meath, the wife of John GRADWELL, Esq., J.P., of a daughter.


On the 28th ult., in the Catholic Chapel, Ballyhaise, by the Rev. Thomas BRADY, P.P., Mr. Patrick MAGUINESS, Cavan, to Susan, youngest daughter of the late Owen SMYTH, of Lisdeegan, in this county.


October 28, at Currygrane, near Ballinalee, county Longford, in the 63rd year of his age, Hugh Thomas STAFFORD, Esq., formerly of Portobello, county of Roscommon.

THE MAGISTRACY OF TYRONE--The following gentlemen have been appointed to the commission of the peace for this county, on the recommendation of the Earl of Charlemont:--Lieutenant-Colonel James Molyneux CAULFIELD, the Rev. W. Macklin EDWARDS, Basil George BROOKE, Esq.; Lieutenant-Colonel George Augustus Jocelyn M'CLINTOCK, and Lieutenant-Colonel Lenox COYNHAM.--"Tyrone Constitution."

November 13, 1858


The usual fortnightly petit sessions were held on Friday, 5th November.

The Earl of Fingell, Chairman

Lord Dunsany, M.E., Corbally, M.P., Michael THUNDER, Thomas BUTLER, Trevor HAMILTON, and SHIELDS, R.M., Esqrs., were all present.

There were fifty three cases for adjudication; there being a heavy case, in which a number of persons were engaged, it was first called on.

Richard BARNWALL v. Peter M'DANIEL

Mr. William FORD appeared for the complainant; and Mr. COSTELLO for the defendants.

Mr. FORD stated he had appeared there as he did on several occasions before for the complainant in this case, Richard BARNWALL, Esq., of Bloomsbury, who, as he would be able to prove, had been interfered with in a most outrageous manner. On the 25th of October last no less than from fifty to sixty persons, men, women, and boys, came upon his property on the lands of Lagere, and levelled a ditch which he had erected round his property adjoining the bog of what was called the Bog of Ratoath. There has been several trials as to those premises, and it has been clearly laid down he is the owner of the soil, but admits that several parties have a right of making turf there, which right his client does not in the least dispute; but he at the same time did not want to be dictated to, or coerced into measures contrary to what he considers he was entitled to; or in fact to have his lad made a common of.

J. GARVEY sworn.--Is sergeant of police; he and the head-constable saw at Mooretown, the 25th October, on Mr. Barnwell's property, fifty or sixty men, women, and children, levelling the ditch along the bog; they were making a noise before he got there, but when he was there they were perfectly quiet.

Cross-examined by Mr. Costello.--As to the noise you heard before you got there, will you swear that it was not occasioned by the appearance of a rat that the people were hunting (laughter).

J. ALLEN, steward to Mr. Barnwall, knows the defendant well; saw him at the levelling of the ditch; there were about 108 perches levelled; knows the passage leading from the bog to Elgardstown; Mr. Barnwall made the mearing there this time two years that the people complained of, and where the gate was put up, but the gate is always unlocked; the ditch cost Mr. Barnwall £26.

Cross-examined by Mr. Costello--He was six years steward, and knew the passage to be open ten or eleven years; Mr. Barnwall put a gate at the north side which was broken, and had a case here against the parties for it and it was dismissed.

Matthew CLARKE, herd to Mr. Barnwall, proved he saw fifty or sixty people levelling the ditch.....

Richard BARNWELL, Esq., examined, and said he was there the day after the levelling; he saw both new and old fence had been levelled; was defendant at Trim in a record about this bog and passage, and was ordered by the judge to build a bridge which he had levelled, which he did; the people had no turf to draw on the 25th, so that there would have been no excuse.

Cross-examined by Mr. Costello--Would not swear there was ten perches of the old fence thrown down, but would that there was two; there is a gate on this passage and it is always open; he does not think it possible a cart could go over the old fence, and the Chief Baron stated he had every right to make the mearing.

Matthew CLARKE, the herd, was re-examined, and said the gap on the fence was not closed, and he never saw a cart go across the drain....

The Earl of Fingall, as chairman, stated that there was some difference of opinion amongst them as to the legality of the proceedings, and regretted very much that the suggestions thrown out by some of the magistrates had not been met in the spirit meant by those who suggested them.....He wished the professional gentlemen concerned would agree, before this day fortnight, to a case to submit to the magistrates for their approval prior to its being sent to the law officer, and that the decision would be given upon that day month--but again wished, as the adjournment was for so long a period, that the parties might arrange amongst themselves, which would be most desirable.

MURDER OF RICHARD ELY, ESQ. --THE INQUEST,--ROSCREA, NOV. 8--The inquest which was held before Mr. OWEN, coroner for the Queens County, has just been concluded. Several magistrates were present. two witnesses only were examined, One of them his brother, and the other the medical attendant, who proved that the gun-shot wound was the cause of death. Verdict--"Wilful murder against persons unknown." The magistrates are now holding a private inquiry. The evidence against the murderer, who is known, is becoming more complete. He has absconded, and an active search is being made after him.




The Chancellor gave judgment in this case, which was heard last week, at the sitting of the court. The petition was filed on the 6th of January 1858, by Thomas LYNCH of Virginia, against Henry SARGENT (who was originally the sole respondent), and the Marquis of Headfort, to enforce against the former a certain contract for the sale of a leasehold interest created by a lease of 1853 from the latter to him, the premises in question having been sold in three lots in the month of April 1857, when the petitioner purchased one lot for the sum of £950, and was put into possession of it.....Under all the circumstances he (the Chancellor) had no doubt but that the petitioner was entitled to relief, and he would make a decree accordingly in his favour, with costs.


Dublin Castle, 8th November, 1858.--Names of the gentlemen returned by the Judges of Assize to serve the office of High Sheriff for the county of Cavan in the ensuing year:--H. T. Syderham SINGLETON, Esq., Hazley Heath HANTS; David Fielding JONES, Esq., Naheelis Cottage, Belturbet; __________ SAUNDERSON, Castle Saunderson, Belturbet.

November 20, 1858


ROYAL MEATH.--Henry JOHNSTON to be Lieutenant.

George Mellifont LANE, Esq., son of Captain LANE, of Arlonstown, Kinsale, has been appointed to the ensigncy, in the 2nd Royal Lancashire Militia, the regiment to which his father belongs.

Ensign Rowland J. LENTHALL, of the 2d Staffordshire Regiment, now in Cork garrison, has been promoted to the lieutenancy vacant by the promotion of Lieutenant WILSON.

SERIOUS ACCIDENT--Yesterday evening, one of the most melancholy accidents which we have had to record for a long period, took place at the Junction Station of the Belfast and Ballymena Railway. The gentleman who has been seriously injured, and whose life is despaired of, is Mr. James STEWART, of Greencastle, for a long period a respected wine and spirit merchant at Belfast. As the mail train from Londonderry was approaching the Junction Station, the driver of the engine imagined he felt a shock, as if the train had come in contact with something lying across the rails. Not thinking that anything serious had happened, he drove the train on to Belfast, but on arriving there, he immediately returned at full speed to see what had caused the shock, when to his very great consternation, he found that the body of a gentleman had been run over, the legs, from the knees, being liberally severed from the rest of the body. Life, however, was not extinct, and the injured gentleman was conveyed to town at all speed and taken to the General Hospital....--"Northern Whig."

ACCIDENT ON THE COUNTY DOWN RAILWAY.--On Saturday evening, some young lads who had been attending school in Belfast were returning to Ballynahinch, by the 4:40 p.m. train, in one of the luggage waggons, and when between Saintfield and Ballynahinch, two of them, named HOPSON and MAGINN, commenced to wrestle. In the struggle they fell against the door of the waggon, which flew open, and they were precipitated down an embankment. The train was going at full speed at the time, and many believed that the lads must have been killed by the fall, but when the train was stopped, and officials returned to the spot, it was found that they had escaped with but slight injury.--"Belfast News Letter."

OUTRAGE AT BALLYGAWLY--On Thursday evening, a party of persons, consisting of twelve or thirteen, attacked the dwelling-house of a person named FLYNN, at Ballygawly, in the neighbourhood of John ORMSBY, Esq., J.P., of Castledargan, in this county, and there broke and smashed the doors and windows. Their object appears to have been to get FLYNN's son to beat him, in consequence of one of the party some time ago having received a stab of a knife from FLYNN, from which he had to be sent to the county infirmary, but declined to prosecute Flynn. The parties are all from the neighbourhood of Pound-street in this town. It appears that a person named GRAY, a resident in Pound-street, who had died, was taken to Kilross for interment on Thursday, and these parties, together with the son of the deceased accompanied the funeral from Sligo to Kilross. On their return they saw Flynn in his garden...and it is supposed they considered it a fit opportunity to revenge the act committed by Flynn on one of the part; but Flynn observed their movements in time to get away unseen, and in their rage arising from disappointment, they attacked the house and committed the above outrage, and beat a person named CONBOY who was in company with Flynn when he stabbed MULROONEY. The party then withdrew to a neighbouring public-house (KERINS's), and after having regaled themselves, they proceeded to another public-house kept by a person named KELLY, on their way to Sligo, a short distance from KERINS's public-house, in which place they remained. Flynn in the meantime proceeded to Ballinsodare, and acquainted the police of that station, and without a moment's delay the constable in charge of the party proceeded with two of his men to the scene of the outrage...The party seeing the police so few in number, made every attempt to resist the constabulary, until they were compelled to fix bayonets, and call upon KELLY to assist them...The party were then secured and brought to the police station at Ballisodare. Some escaped, and only one man, named MULROONEY, a butcher, has been taken.....The party are bound over to appear at next Petty Sessions of Sooay. The following are the party arrested:--Martin HARGADAN, John CULLEN, _____M'GOLDRICK, John GARVEY, Thady GARVEY, John REDDY, James GRAY, (son of the deceased), and John MULROONEY, the person who Flynn stabbed so time ago, and Bartly SCANLEN.--"Sligo Independent."

November 27, 1858

MELANCHOLY ACCIDENT FROM THE INCAUTIOUS USE OF FIREARMS.--On Thursday last a young gentleman named CRAIG was shooting in a field near the Scotch Quarter, Carrickfergus, and, in getting into an adjoining field, he was pushing aside some thorns of a hedge with the butt of his gun, when the trigger caught one of the branches, and the gun went off and lodged the charge in the unfortunate gentleman's abdomen. He lay for some time in the field, where he was seen by some persons passing, after which he was taken up, and medical aid procured; but he rapidly sank, and at seven o'clock, in the evening of the same day, death put an end to his sufferings.

LANDLORD AND TENANT BILL.--We are enabled to announce, upon sufficient authority, that it is the intention of the Crown of Ireland to introduce a bill next session reforming the law of landlord and tenant in the United Kingdom. The measure will probably be modelled on the bill brought in by Mr. NAPIER in 1852.--"Star."

ATTEMPTED MURDER IN THE CO. ROSCOMMON.--On Thursday night last, between nine and ten o'clock, a herd named Thady KEOGH, in the employment of a Mr. M'MANUS, was fired at within a few yards of his own house, and severely wounded. KEOGH, with much presence of mind, when he found that he was wounded, turned quickly round and recognised the assassin as he stood to see the effect of his shot, who on perceiving his victim fall, made away across the country. KEOGH was after a little time conveyed to his home, and intimation of the outrage having reached the police, a man named Luke SPELMAN was arrested; and on yesterday an inquiry took place in presence of James ROSS, esq., R.M., and Captain HENDERSON, when the latter placed the prisoner SPELMAN, amongst a number of countrymen, and he was fully recognised by KEOGH, whose information was at once taken. SPELMAN was brought into Athlone last night and lodged in the bridewell. Some time since a house on this property was maliciously burned, and the vigilance since exercise by the herd is supposed to be the cause of the outrage. The weapon used must have been a blunderbuss, and placed quite close to the unfortunate man, as twelve slugs have been lodged in his shoulder and back, and the wall near where he stood is marked with the shower of shot and slugs that went over him--his escape from instant death was most miraculous.--"Westmeath Independent."

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